It is my understanding that the requested records may be the subject of a disputeinactivelitigation in U.S. District Court. See Hannon v. Genereaux, Civil Action No. 4:2017cv40022. It should be noted that the discovery process and the Public Records Law are two distinct and independent avenues for gaining access to records.
The Departments May 2nd Response In its May 2, 2023 response, the Department advised, ...the Department is presently in possession of the requested records, the Department intends to withhold the records in their entirety pursuant to 950 CMR 32.08(2) as the responsive records in question are the subjects of disputeinactivelitigation, administrative hearings, or mediation.
Chubb Page 3 May 19, 2023 SPR23/1002 [a]lthough the Department is presently in possession of the requested records, the Department intends to withhold the records in their entirety pursuant to 950 CMR 32.08(2) as the responsive records in question are the subjects of disputeinactivelitigation, administrative hearings, or mediation. The Department provided an additional response dated May 19, 2023 to Mr. Raymond.
and/or officers and/or employees of the police department between the dates of May 1, 2022 and April 14, 2023 that make reference to and/or cite, in whole or in part, the following sentences (as they appear in said records, designated with quotation marks (example: Public Records), broadly construed. the Department intends to withhold the records in their entirety pursuant to 950 CMR 32.08(2); the responsive records in question are the subjects of dispute
It should be noted, however, that the Supervisor of Records may decline to opine on an appeal from a requestor upon a determination that the public records in question are the subject of a disputeinactivelitigation. See 950 C.M.R. 32.08(2)(b). Sincerely, Rebecca S. Murray Supervisor of Records cc: Gregory Yanchenko
Whereas the public records in question are the subject of a disputeinactivelitigation, I decline to opine on this matter. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of the litigation could impact the applicability of 950 C.M.R. 32.08(2)@). Sincerely, Rebecca S. Murray Supervisor of Records cc: Lana Sullivan, Esq
Pending litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes inactivelitigation, administrative hearings or mediation. Conclusion In light of the pending administrative proceeding, I decline to opine any further on this matter. See 950 C.M.R. 32.08(2)(b).
Conclusion Accordingly, whereas the public records in question are the subject of a disputeinactive litigation, I decline to opine any further on this matter. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of the litigation could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Rebecca S. Murray Supervisor of Records cc: Elizabeth Warren Christina S.
Although the Department is presently in possession of the requested records, the Department intends to withhold the records in their entirety pursuant to 950 CMR 32.08(2) as the responsive records in question are the subjects of disputeinactivelitigation, administrative hearings, or mediation. I support thereof, it is the opinion of the Department that these records relate directly to the matters of Hovsepian, Scott et al. v.
Although the Department is presently in possession of the requested records, the Department intends to withhold the records in their entirety pursuant to 950 CMR 32.08(2) as the responsive records in question are the subjects of disputeinactivelitigation, administrative hearings, or mediation. I support thereof, it is the opinion of the Department that these records relate directly to the matters of Hovsepian, Scott et al. v.